MACK LEONARD JENKINS, PETITIONER,

v.

STATE OF FLORIDA, ET AL., RESPONDENTS

Citator

Cited By (19 total)

• Gisi v. State, 135 So. 3d 493 (Fla. 2d DCA 2014)
  …ntitlement to out-of-state jail credit was not cognizable in a rule 3.800(a) motion but should have been raised in a timely motion pursuant to Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel. See Garnett v. State, 957 So. 2d 32, 33 (Fla. 2d DCA 2007) (en banc) (“If a defendant is seeking out-of-state jail credit in a post-conviction proceeding, it would appear that the proper method to seek such relief would normally require a timely allegation of ineffective assistance of…
• West v. State, 22 So. 3d 797 (Fla. 1st DCA 2009)
  …ect appeal or in a timely rule 3.850 motion. See Gomez v. State, 984 So. 2d 577, 578 (Fla. 4th DCA 2008) (“[A] claim seeking additional jail credit for time served in jail in another state is not cognizable in a 3.800(a) motion.”); Garnett v. State, 957 So. 2d 32, 33 (Fla. 2d DCA 2007) (en banc) (“If a defendant is seeking out-of-state jail credit in a postconviction proceeding, it would appear that the proper method to seek such relief would normally require a timely allegation of ineffective assistance of…
• Patterson v. State, 141 So. 3d 707 (Fla. 2d DCA 2014)
  …ils before sentencing.”); see also Wombaugh v. State, 25 So. 3d 707, 709 (Fla. 2d DCA 2010) (holding that claims for out-of-state jail credit are not cognizable in a rule [*709] 8.800(a) motion and must be raised under rule 8.850); Garnett v. State, 957 So. 2d 32, 33 (Fla. 2d DCA 2007) (en banc) (same). Hence, the postconviction court should have treated Patterson’s claim as if it had been filed in a properly styled motion under rule 3.850. See Gill v. State, 829 So. 2d 299, 300 (Fla. 2d DCA 2002) (“Where a…

Authorities Cited

• Tareyan Cooks v. State, 905 So. 2d 250 (Fla. 1st DCA 2005)